Common Causes of Commercial Vehicle Accidents
There are many different reasons a commercial driver may end up in an accident. Some of these include the following.
- Poor Maintenance – If the truck isn’t precisely maintained, something can go wrong while it’s on the road. A wreck can result from any breakdowns experienced while the truck is being driven.
- Overloaded Cargo – freight that is too heavy for the truck or that is not loaded properly can lead to an accident. It’s possible for the truck to experience a breakdown due to a heavy load or to tip if the cargo is not balanced.
- Fatigue – Commercial drivers have limits on how much they can drive per day. If they’re forced to drive longer or attempt to drive more than what’s allowed to stay on schedule, they could fall asleep at the wheel or make mistakes because they’re fatigued.
- Negligence – Failing to pay attention to the road and their surroundings could lead a truck driver to cause an crash. They may end up hitting another vehicle as they try to switch lanes or end up hitting a pedestrian if they don’t detect them in time.
- Rushing – Speeding to get to the next location can lead to major crashes because the driver is not paying attention like they should and making judgments like going through a yellow light to make a better time.
- Driving Under the Influence – Truck drivers who are under the influence of drugs or alcohol can end up causing an crash. This includes prescription medicines that can cause drowsiness.
- Loss of Control – If the truck driver loses control due to a maintenance issue, environmental problems, or any other reason, it could lead to an accident.
What to Do After an Accident
Afflicted individuals of a truck accident will want to seek medical attention as soon as possible. If emergency medical care is not needed, the victim should still see a medical practitioner as soon as possible, preferably within the next handful of days. The victim could have hidden injuries that are not evident immediately after the incident, but that can cause potential pain and suffering. If the victim does not see the doctor soon after the accident, it can also become more difficult to establish the injuries were sustained in the accident. The duration of time between the accident and the medical care could be seen as confirmation that the injuries happened elsewhere, but the victim is attempting to claim it as part of compensation for the accident to avoid having to pay those expenses out of pocket. This isn't always the case, but it is what insurance companies will say to try to decrease their liability.
Who is Liable for the Accident?
Liability is a complex topic for commercial van accidents. The driver is not always going to be the responsible party. Instead, it could also be anyone involved in the servicing or use of the vehicle. A legal representative is often needed to identify who the liable party is for any commercial van accident.
- Manufacturer – If a deficiency in the vehicle leads to an crash, it may be possible to hold the manufacturer accountable for any injuries experienced. Defects can be in any part of the vehicle, from the engine to the tires.
- Mechanic – The auto mechanic who worked on the vehicle could be held accountable if they did not do a repair properly or missed repairs that were needed to keep the vehicle in appropriate running condition.
- Employer – An employer who pushes the driver to meet unobtainable standards or to drive more than what’s permitted before a break may be liable for any injuries if a wreck occurs.
- Truck Owner – The vehicle may not be owned and operated by the truck driver. If this is the case and the truck is not properly serviced, the owner may be the accountable party.
- Other Drivers – If the incident is caused by another driver, they would be at fault for the accident, even if it includes a commercial vehicle. If another driver swerves in front of a truck and the truck is unable to stop in time, it could cause a multi-car accident. The driver who swerved would be accountable in that situation.
The Right Settlement to Accept
When victims can obtain compensation for this type of accident, they’ll need to know what settlement to agree to. It is never a good idea to accept the first settlement offer without guidance from a lawyer. Insurance companies want to lessen the amount they pay out, as they cannot be profitable if they always pay out the largest amount for every claim. So, the initial settlement offer will be lower than what the victim may be entitled to for their injuries. If this settlement is approved, the victim cannot get more money from the liable party later.
Instead of accepting the first settlement, victims can work with a lawyer to negotiate a larger amount. The higher amount of money will be more likely to include all accident-related costs, such as medical bills, damaged products, lost wages, and more. It’s also likely the higher settlement offer will include non-quantifiable damages, such as loss of enjoyment of life if the victim suffered long lasting injuries.
Avoid Typical Errors After a Commercial Vehicle Accident
After a vehicle accident, it is important to know what to do and what not to do. Refrain from all of the following if you’re in a commercial vehicle accident.
- Avoid acknowledging Fault – Many people will immediately apologize after an accident, even if the accident wasn’t their fault. Avoid doing this and avoid saying something to the insurance company involved that could be construed as an admission of fault. Doing so could mean being unable to obtain compensation for the accident.
- Avoid Accepting a Low Settlement – Make sure any settlement offer approved is going to be enough to cover the monetary aspects of the accident. Accepting a low settlement means any other bills will need to be paid out of pocket by the victim.
- Avoid Trying to Do it Alone – It’s difficult to recover from an incident and go up against the insurance company at the same time. This often leads to errors like accepting a low settlement. Instead, work with a law professional and let them handle the insurance provider.
- Avoid Waiting for health Care – As mentioned, it’s never a good idea to postpone medical care. If emergency care isn’t required, see a doctor within the next couple of days.
Is It A Good Idea to Hire a Lawyer?
The law doesn’t require victims to hire a lawyer, but it’s always a good idea. Commercial vehicle accidents can be incredibly complicated and it can be difficult to obtain settlement without the right support. Plus, there isn’t a downside to working with a lawyer. Commercial vehicle accident attorneys work on a contingency basis. This means victims don’t need to pay upfront for legal service providers and only pay the lawyer if the case is won. The total amount of money needed to cover legal fees is included with other types of compensation demanded in a settlement. So, the victim still receives the money needed to fiscally recover from the accident and the lawyer’s fees will be covered.
If you’ve been in an incident involving a commercial car or truck, talk to a lawyer to learn more about the help available for your case. You may be owed much more compensation than you realize and a lawyer can help ensure you get as much money as possible for the crash. They can also help deal with the legalities of obtaining compensation while you focus on recuperation. Contact us today to set up a meeting and learn more about your case.
FAQs About Commercial Truck Accidents
Commercial vehicle collisions can lead to severe injuries and damages, so working with a lawyer is encouraged. Still, you may have some questions before the meeting. Read below to learn more about these instances and to learn more about what to anticipate when you have a consultation.
What is Considered a Commercial Truck?
Commercial vehicles are those employed to move people or products from place to place. They can include semi-trucks, multipurpose vehicles, passenger vehicles, pickup trucks, buses, and more. If the vehicle can be hired to take someone to another area or to move products from one place to another, it is considered a commercial vehicle, no matter how big or slight it may be.
How Much is My Truck Accident Injury Case Worth?
Each case is totally different, so it’s hard to say how much a case is worth without looking at the details. Compensation can cover all expenditures relating to the accident, such as medical bills, property damages, and lost wages, as well as non-quantifiable or punitive damages. A law firm can review the case and let you know how much the claim may be worth.
Will I Receive Punitive Damages for the Accident?
Beyond coverage for accident-related bills, there are other types of compensation victims can obtain, including punitive damages. These are typically granted in cases where the judge wants to prevent the same thing from happening in the future. If someone took a shortcut, whether that’s pressuring drivers to drive much more per day or skipping required maintenance on a vehicle, the victim may be awarded punitive damages as a punishment toward the liable party.
Who Do I Sue for Compensation?
The party sued for compensation is considered the responsible party. It is important to get this right, as the claim can get thrown out if it’s against the wrong party. Unfortunately, determining liability for commercial vehicle accidents can be complicated. The liable party for a commercial truck accident can be the operater, their boss, the truck owner, the manufacturer, or someone else involved with the vehicle.
Do I Need a law firm for a Commercial Vehicle Accident?
It is absolutely recommended for affected individuals to have a lawyer for these situations due to their intricacy. On top of this, it’s better to have a lawyer handle all of the legalities so you can focus on recouping from your injuries. They’ll help with each part of the claim to enable you to get a larger settlement that will cover any costs from the collision.
How Can I Afford a Lawyer?
Commercial vehicle crash lawyers work on a contingency basis, so you don’t pay until they win the suit. If they do obtain a settlement for you, the legal fees are covered in the settlement, so it won’t cost you anything at all out of pocket. You can learn more about how this works at the meeting.
Do I Need to Recuperate Before Seeking Compensation?
No, it is not essential to fully recover from your injuries before filing a claim. There is a statute of limitations of two years for filing a claim, and you may still be recovering from serious injuries at this point. Instead, let a lawyer handle the suit while you recover. They can obtain current as well as foreseeable medical bills to help with your recuperation.
How Do I Prove Who Caused the Accident?
Determining responsibility can be complex and involves taking a close look into how the incident occurred. At first glance, it may seem like the driver made a error. When the truck is inspected, however, it may show the operator tried to control the truck but was unable to avoid an accident due to a defect or other issue. Evidence for how the accident occurred can be used to show who is liable for this type of accident.
What Do I Need Before Talking to a Legal Representative?
Before talking to a attorney, write down as much as possible about what took place to cause the collision. Gather any medical bills that have already been received as well as bills or receipts from the accident. It’s also a good idea to have pay statements on hand to show how much money was lost due to recuperating from the accident or what may be lost if you cannot get back to work in the same capacity. The lawyer can help gather facts as well as let you know if anything else is needed during the meeting, but this information, if it’s available, will give them a good start on the case.
What Evidence is Needed for My Case?
This depends on how contested the case is and how challenging it may be to prove accountability. Each case is different and the evidence available can vary. A lawyer can help gather as much evidence as possible and determine what else may be needed if it isn’t available yet.
When Can I Obtain the Settlement?
Due to the complexity of commercial vehicle accidents, it can take a while to agree on a settlement with the liable party. Then, the liable party does have some time to pay out the whole amount. If the suit goes to trial, it’s going to take longer to get a settlement. A law firm can provide some insight into how long it may take to receive money and what could cause a delay.
Will The Case Go to Trial?
Many cases do not ever make it to trial. It is lengthy and expensive to go to trial, so it is something that should be avoided if you possibly can. In the vast majority of cases, a settlement is agreed on before the suit reaches the courts. If an agreement cannot be made, a commercial truck accident case can go to court. Even then, it’s still possible to settle. If the trial continues, the judge will establish how much compensation the victim can receive.
If you’ve been in a commercial vehicle accident, take the time to talk to a lawyer about your case and learn more about whether you can obtain reimbursement for your injuries. Call us today to set up a meeting and get more specific details about your situation and what you can anticipate moving forward.
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